Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

What’s Behind the WTO Crisis? A Marxist Analysis

2020 ◽  
Author(s):  
Rémi Bachand
Keyword(s):  
Political Economy ◽  
International Relations ◽  
International Law ◽  
Capital Accumulation ◽  
Dispute Settlement ◽  
Main Function ◽  
Critical Studies ◽  
Wto Dispute Settlement ◽  
Marxist Analysis ◽  
Rate Of Profit

Abstract The main objective of this article is to explore the background of the World Trade Organization’s (WTO) Dispute Settlement Body (DSB) crisis using Marxist, neo-Marxist or, at least, Marxist-influenced theories of political economy and international relations. Its purpose is twofold. First, to propose an interpretation of the actual WTO crisis that will address alternative interpretations’ gaps. Second, to advance theoretical inputs founded on Marxist or Marxist-influenced writing in political economy, inputs which could be useful elsewhere in critical studies in international law. At the root of the crisis lies the functioning of neoliberalism (understood as the regime of accumulation promoted by US-dominant classes) and the institutions it uses to regulate itself, to deal with contradictions that hurt its capacity to produce profit, and to allow capital accumulation. One of the most important of these institutions, at the international level, is the WTO. We argue that neoliberalism’s incapacity to continuously provide, since the Asian crisis in 1997, a satisfying rate of profit to US capitalists (and to Western capitalists in general, even if our argument focuses on the former) lured it into a crisis. Since the WTO’s main function is to prevent neoliberalism from being hurt by contradictions that would limit its capacity to provide profits allowing capital accumulation, it was inevitable that one day or another, the struggle faced by the latter would also drag the former down in an institutional crisis.

Universal International Law

1993 ◽  
Vol 87 (4) ◽  
pp. 529-551 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Diplomatic Relations ◽  
State Behavior ◽  
Legal Principles ◽  
Bilateral Relations ◽  
Uniform State ◽  
The Common ◽  
Multilateral Treaties

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

The Role of Law in Counter-hegemonic Globalization and Global Legal Pluralism: Lessons from the Narmada Valley Struggle in India

2005 ◽  
Vol 18 (3) ◽  
pp. 345-387 ◽  
Author(s):  
BALAKRISHNAN RAJAGOPAL
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Social Movement ◽  
International Law ◽  
Legal Pluralism ◽  
Multiple Levels ◽  
Normative Order ◽  
The Relationship

The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.

The Forgotten Lives: Connecting Gender, Security, and Everyday Livelihoods in Ukraine's Conflict

2020 ◽  
pp. 1-5
Author(s):  
Mila O'Sullivan
Keyword(s):  
International Relations ◽  
Security Analysis ◽  
Security Studies ◽  
Peace Building ◽  
Peace And Security ◽  
Military Security ◽  
Economic Austerity ◽  
First Time ◽  
Empirical Contribution

Recent debates within Women, Peace and Security (WPS) scholarship (e.g., Bergeron, Cohn, and Duncanson 2017; Elias 2015; True 2015) have underlined the need to position the WPS agenda in the context of broader feminist security analysis as defined by early feminist international relations scholars (e.g., Tickner 1992). More precisely, this requires integrating feminist security studies (FSS) and feminist political economy (FPE). At the center of these largely theoretical reflections is a concern that gender-responsive peace-building efforts have too often been undermined by postwar neoliberal economic processes. This essay provides an empirical contribution to this debate, taking the case study of Ukraine as an atypical example of how WPS has been adopted and implemented for the first time during an active conflict. The integration of FPE and FSS proves especially relevant for a country in conflict, where economic austerity policies come along with increased military expenditure. The essay illustrates that the bridging of security and economy is entirely absent in Ukraine's WPS agenda, which has largely prioritized military security while failing to connect it to the austerity policies and the gendered structural inequalities deepened by the ongoing conflict.

scholarly journals The Legal Nature of International Energy Associations in the Modern World

Lex Russica ◽  
2019 ◽  
pp. 72-90
Author(s):  
A. S. Gulasaryan
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Modern World ◽  
Russian Science ◽  
Transnational Organizations ◽  
Legal Nature ◽  
The Russian Federation ◽  
First Time

For the first time in the Russian science of international law the author of the paper performs a comprehensive analysis of the legal nature of international energy associations, their role in international administration in the sphere of energy.International energy associations are grouped into four categories depending on their legal nature: 1) associations in the form of public international organizations (IAEA; Eurato/ESAE; OPEC; EES CIS; CECH; EC; FEG; IRENA);2) associations functioning as a body of a public international organization (IEA OECD); 3) associations that can be considered as international non-governmental (transnational) organizations (WEC, IGU, IOC), (4) associations that can be classified as informal international associations (G7/G8; G20; IEF). It is noted that the international energy administration involves not only public international organizations, but also non-legal actors of international relations— international non-governmental(transnational) organizations and informal international associations. In order to determine the legal nature of international energy associations, the author considers constituent instruments, resolutions (decisions), headquarters agreements, agreements regarding privileges and immunities of international organizations, treaties and the contemporary doctrine of international law.Provisions, generalizations and conclusions provided for in the article, can be used for the development of strategies of interaction of the Russian Federation with the above-mentioned associations in the field of energy.

scholarly journals Siri Marriage Practices In Makmur Village Community, In Gambut, Banjar District

2020 ◽  
Vol 20 (1) ◽  
pp. 27
Author(s):  
Rahmiyati Rahmiyati ◽  
Diana Rahmi ◽  
Nadiyah Nadiyah
Keyword(s):  
Qualitative Approach ◽  
Legal Research ◽  
Village Community ◽  
Marriage Ceremony ◽  
The People ◽  
Marriage Contract ◽  
The Subject ◽  
Depth Interviews

AbstractThis research is motivated by the existence of the practice of marriage series in the Makmur Village community, Gambut  Banjar District, South Borneo. The procession of a marriage contract at a series of marriages conducted by the people of Makmur Village was carried out without the attendance of the Registrar of Marriage and the knowledge of the Religious Affairs Office (KUA). Even so, it turned out that after the marriage contract took place it was held at Siri marriage. This research is empirical legal research which is a case study, using a qualitative approach. The author delves into the data needed by conducting in-depth interviews with the subject under study. The findings of this study are that the marriage of Siri which is practiced by the people of Desa Makmur is held like the official marriage ceremony. Walimah was held openly by inviting family and surrounding communities. Holding a Siri marriage is an act that is usually done, therefore if Siri marriage is done continuously it will result in more siri marriages occurring in the community, especially in Makmur Village. AbstrakPenelitian ini dilatarbelakangi oleh adanya praktik walimah pernikahan siri pada masyarakat Desa Makmur Kecamatan Gambut Kabupaten Banjar. Prosesi akad nikah pada pernikahan siri yang dilakukan oleh masyarakat Desa Makmur dilaksanakan tanpa dihadiri oleh Pegawai Pencatat Nikah dan tanpa sepengetahuan pihak KUA. Meskipun begitu, ternyata setelah akad nikah berlangsung diadakanlah walimah pada pernikahan siri tersebut. Penelitian ini merupakan penelitian hukum empiris yang bersifat studi kasus, dengan menggunakan pendekatan kualitatif. Penulis menggali data yang diperlukan dengan melakukan wawancara mendalam terhadap subjek yang diteliti. Hasil temuan dari penelitian ini adalah walimah pernikahan siri yang dipraktikkan oleh masyarakat Desa Makmur diselenggarakan seperti walimah pernikahan yang resmi. Walimah tersebut diselenggarakan secara terang-terangan dengan mengundang keluarga dan masyarakat sekitar. Mengadakan walimah pernikahan siri merupakan suatu perbuatan yang sudah biasa dilakukan (kebiasaan), oleh karena itu apabila walimah pernikahan siri terus menerus dilakukan maka akan berakibat bertambah banyak terjadi pernikahan siri pada masyarakat, khususnya di Desa Makmur.    

The Politics of International Law

2021 ◽  
Author(s):  
Nicole Scicluna
Keyword(s):  
International Relations ◽  
International Law ◽  
International System ◽  
Deep Understanding ◽  
Rising Powers ◽  
Law And Politics ◽  
System P ◽  
The World ◽  
Fit For Purpose

This book is an introduction to international law for politics and international relations students. It provides a deep understanding of the possibilities and limits of international law as a tool for structuring relations in the world. The case study-driven approach helps students understand the complexities of international law, and illustrates the inextricable interaction between law and politics in the world today. In addition, it encourages students to question assumptions, such as whether international law is fit for purpose, and what that purpose is or ought to be. The book also discusses the potential of rising powers to shift the international system.

scholarly journals Ex Pluribus Unum? On The Form and Shape of a Common Code of Ethics in International Litigation

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 312-316 ◽  
Author(s):  
Chiara Giorgetti ◽  
Jeffrey L. Dunoff
Keyword(s):  
Working Group ◽  
Dispute Settlement ◽  
Code Of Ethics ◽  
Code Of Conduct ◽  
Optimal Process ◽  
Member States ◽  
Group Iii ◽  
Common Code ◽  
First Time ◽  
Preparatory Work

In April 2019, member-states of UNCITRAL Working Group III requested the UNCITRAL Secretariat to undertake preparatory work for a Code of Conduct for Investor-State Dispute Settlement focusing on the implementation and enforceability of such a code. This groundbreaking development signals that, for the first time, a consensus exists that a code of ethics for Investor-State dispute settlement is desirable and needed. This contribution addresses three threshold questions that such preparatory work raises, namely: the preferred form of the code, the code's substantive reach, and the optimal process for bringing a code to fruition. As set out below, we urge that states adopt a mandatory common code of ethics for disputes involving states, and that arbitral institutions adopt this code as part of their rules for administering arbitration.

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